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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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The Difficulties of Deterrence as a Distributive Principle

The Difficulties of Deterrence as a Distributive Principle

(p.104) (p.105) 5. The Difficulties of Deterrence as a Distributive Principle
Criminal Law Conversations

Paul H. Robinson

Oxford University Press

This chapter presents an authoritative overview of the difficulties of deterrence as a distributive principle. It considers three conditions that must be met in order for the formulation of a criminal law to have a deterrent effect, namely, the target must: know, directly or indirectly, of the rule that is designed to influence him; be capable of and willing to bring such knowledge to bear on his conduct; and perceive the threatened cost of punishment as exceeding the promised gain of the crime. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling relevant issues ranging from the complexity of deterrence and how to make deterrence more effective.

Keywords:   deterrence, distributive principle, criminal law, punishment, crime

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